HB4264ham001 103RD GENERAL ASSEMBLY

Rep. Barbara Hernandez

Filed: 2/21/2024

10300HB4264ham001 LRB103 35499 JRC 69777 a

AMENDMENT TO HOUSE BILL 4264

AMENDMENT NO. ______. Amend House Bill 4264 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Menstrual Products Donor Immunity Act.

Section 5. Definitions. As used in this Act:

"Apparently usable" means, with respect to the product, that the product meets all quality and labeling standards imposed by federal, State, and local laws, rules, and regulations, even if the product may not be readily marketable.

"Donor" means a nonprofit organization that donates an apparently usable menstrual product to a human recipient for ultimate use with respect to menstruation.

"Menstrual product" means a sanitary napkin, tampon, liner, cup, and any similar item used by an individual with respect to menstruation.

Section 10. Nonprofit organization immunity from liability. A nonprofit organization that in good faith receives menstrual products for distribution without fee or compensation and reasonably inspects the menstrual product at the time of donation and finds the menstrual product apparently usable for humans shall not be liable in any civil action, except for willful or wanton conduct.

Section 99. Effective date. This Act takes effect upon becoming law.".